Notice of AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicants’ election without traverse of group 1 in the reply filed on 7/13/2026 is acknowledged.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a blank support device and a rotating apparatus in claim 37. And “a holding apparatus” in claim 58.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 37,44-45,47,49-51, and 62 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 44-45,and 50-51 are rejected as being dependent from rejected claim 37.
Claim 37 recites the limitation "said blank " in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 37 recites the limitation "said first orientation " in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 37 recites the limitation "said outward surface " in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 47 recites the limitation "said generally flat configuration" and “said holding apparatus” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 49 recites the limitation "said surface area " in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 62 recites the limitation "said first orientation " in lines 6-7. There is insufficient antecedent basis for this limitation in the claim.
Claims 44-45,47,49-51,59-62,67 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The dependent claims recite “A system as claimed” but should read “The system as claimed”.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 37,44-45,47,49-51,58-62, and 67 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Graham et al hereinafter Graham US 2015/0367589
Regarding claim 37, Graham discloses a system for forming a container from a re-configurable blank (20 or 300; stack of flat blanks prior to folding about a mandrel par 0062-0063; fig.1), said system comprising: (a) a blank support device (1700) having an outward facing surface (1312, 1700), said blank support device being positioned such that in operation a first portion (1316) of said outward facing surface of said blank support device is located proximate a first portion of said blank while said blank is in said first orientation (308 with glue panel 310); (b) a rotating apparatus operable such that while said first portion of said blank is in said first orientation (1318,1320; flat blank is rotated on the outward facing surfaces of the mandrel to fold the flat blank into a tube formation; fig.30), said rotating apparatus is operable to rotate a second portion of said blank from said first orientation (surface of panels is folded by rotating apparatuses to form a tube which creates inner surfaces when folded; par 0072), around a second portion of the outward facing surface of said blank support device to form a blank that has a second generally tubular configuration around said outward surface of said blank support device (portion of glue folder plate 1364 rotates the glue panel and positions and seals the glue panel to the panel 302 in the recess 1708 which is interpreted as receiving at least a portion of the first rotating device).
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Regarding claim 44, Graham discloses a system as claimed in claim 37 further comprising a connection mechanism for interconnecting the first and second portions of the blank to secure said blank in said second generally tubular configuration (portion of glue folder plate 1364 rotates the glue panel and positions and seals the glue panel to the panel 302 in the recess 1708 which is interpreted as receiving at least a portion of the first rotating device).
Regarding claim 45, Graham discloses a system as claimed in claim 44 wherein said connection mechanism comprises an adhesive operable to be applied by an adhesive applicator to a surface of a sealing portion of said blank (glue panel 310;fig.33); and wherein said system is operable to interconnect said surface of said sealing portion with said adhesive thereon, with a surface of an overlapping surface portion of said blank to secure said blank in said second generally tubular configuration (portion of glue folder plate 1364 rotates the glue panel and positions and seals the glue panel to the panel 302 in the recess 1708 which is interpreted as receiving at least a portion of the first rotating device) .
Regarding claim 47, Graham discloses a system as claimed in claim 45 wherein said system is operable to apply adhesive to a plurality of surface areas of said blank while said blank is in said
generally flat configuration while being held by said holding apparatus (portion of glue folder plate 1364 rotates the glue panel 310 and positions and seals the glue panel to the panel 302 which is interpreted as applying adhesive to a plurality of surface areas when the blank is being held).
Regarding claim 49, Graham discloses a system as claimed in claim 37, wherein said system is
operable to apply adhesive to said surface area of said blank while said blank is in said generally flat configuration before said positioning of said first portion of said outward facing surface of said blank support device proximate said first portion of said blank while said blank is in said first orientation and is in said generally flat configuration (portion of glue folder plate 1364 rotates the glue panel and positions and seals the glue panel to the panel 302 in the recess 1708 which is interpreted as receiving at least a portion of the first rotating device).
Regarding claim 50, Graham discloses a system as claimed in claim 49 further comprising a bottom portion closing apparatus operable to close a bottom portion of said blank when said blank is in said second generally tubular configuration (the bottom panels folded and sealed together have a larger perimeter before the panels are folded inward and created a sealed bottom opening at the bottom of the formed container which is interpreted as an installed bottom cup component in Graham par 0083-0084).
Regarding claim 51, Graham discloses a system as claimed in claim 50 wherein said bottom closing portion apparatus is operable to fold a plurality of lower portions of said blank in said second generally tubular configuration, to form said blank into a third configuration comprising a generally open-
top container with a closed bottom (the bottom panels folded and sealed together have a larger perimeter before the panels are folded inward and created a sealed bottom opening at the bottom of the formed container which is interpreted as an installed bottom cup component in Graham par 0083-0084).
Regarding claim 58, Graham discloses a system for forming a container from a generally flat reconfigurable blank, said system comprising: (a) a holding apparatus operable to hold a reconfigurable blank (20 or 300; stack of flat blanks prior to folding about a mandrel par 0062-0063; fig.1) ;(b) an adhesive applicator operable to apply adhesive to a surface of said blank while said blank is held by said holding apparatus (portion of glue folder plate 1364 rotates the glue panel and positions and seals the glue panel to the panel 302 in the recess 1708 which is interpreted as receiving at least a portion of the first rotating device).
Regarding claim 59, Graham discloses a system as claimed in claim 58 wherein said adhesive applicator is operable to move into a space adjacent to said blank while said blank is held in said holding apparatus, to facilitate the application of said adhesive to said surface of said blank while said blank is held in said holding apparatus (portion of glue folder plate 1364 rotates the glue panel and positions and seals the glue panel to the panel 302 in the recess 1708 which is interpreted as receiving at least a portion of the first rotating device).
Regarding claim 60, Graham discloses a system as claimed in claim 58 wherein said holding apparatus is operable to hold said reconfigurable blank in a generally flat configuration while adhesive is applied to said surface (portion of glue folder plate 1364 rotates the glue panel and positions and seals the glue panel to the panel 302 in the recess 1708 which is interpreted as receiving at least a portion of the first rotating device).
Regarding claim 61, Graham discloses a system as claimed in claim 58, further comprising:
(c) a blank support device having an outward facing surface, said blank support device being
interconnected to said adhesive applicator for movement with said adhesive applicator (portion of glue folder plate 1364 rotates the glue panel and positions and seals the glue panel to the panel 302 in the recess 1708 which is interpreted as receiving at least a portion of the first rotating device).
Regarding claim 62, Graham discloses a system as claimed in claim 61 wherein:
said blank support device (folding about a mandrel par 0062-0063) and said adhesive applicator being operable to sequentially move through said space (portion of glue folder plate 1364 rotates the glue panel and positions and seals the glue panel to the panel 302 in the recess 1708 which is interpreted as receiving at least a portion of the first rotating device), and wherein said blank support device has an outward facing surface (1312, 1700), such that said blank support device is operable to be positioned such that when said blank support device is in said space, a first portion (1316) of said outward facing surface of said blank support device is located proximate a first portion of said blank while said blank is in said first orientation (1318,1320; flat blank is rotated on the outward facing surfaces of the mandrel to fold the flat blank into a tube formation; fig.30): wherein said system further comprises:(d) a rotating apparatus operable such that when said blank support device is positioned in said space, and while said first portion of said blank is maintained in said first orientation (fig.31 and 33), said rotating apparatus is operable to rotate a second portion of said blank from said first orientation, around a second portion of the outward facing surface of said blank support device to form a blank that has a second generally tubular configuration around said outward surface of said blank support device (portion of glue folder plate 1364 rotates the glue panel and positions and seals the glue panel to the panel 302 in the recess 1708 which is interpreted as receiving at least a portion of the first rotating device).
Regarding claim 67, Graham discloses a system as claimed in claim 61 wherein said blank support device is interchangeable within said system to accommodate the formation of containers of a
variety of different configurations from blanks of a variety of different configurations (par 0053).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARY C HIBBERT-COPELAND whose telephone number is (571)270-0601. The examiner can normally be reached M-TH 9am -5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at 5712701926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARY C HIBBERT-COPELAND/Examiner, Art Unit 3731
/VERONICA MARTIN/Primary Examiner, Art Unit 3731
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